According to new rules that have been proposed by the Oklahoma Department of Education, in order for children to enroll in a public school, they would be required to provide evidence of their citizenship in the United States or their legal immigration status.
This practice has the potential to violate federal law and discourage children who are undocumented or who come from families with mixed immigration status from attending school.
In the suggestion made by the agency, it is stated that registration would not be denied to students who do not have the necessary papers. According to a precedent set by the Supreme Court, public schools are required to enroll students who reside within their districts, regardless of whether or not they are lawfully present in the nation.
However, according to instructions provided to the United States Department of Justice and the United States Department of Education, according to federal law, schools are prohibited from inquiring about a student’s citizenship or immigration status in order to verify that they reside within the district.
This is because such inquiries can have a chilling impact on student enrollment. In addition, schools are not allowed to prohibit pupils from enrolling in classes if they do not possess a birth certificate or if they possess a birth certificate from another country.
Documents such as a United States birth certificate, a United States passport, a driver’s license, a state identity card, a naturalization or citizenship certificate, a consular report of birth abroad, or a permanent resident card are among those that are considered acceptable, as stated in the proposal.
According to the proposed regulations, which were released on Monday, school districts would be obliged to report to the Oklahoma Department of Education the number of children who were unable to provide proof of their citizenship or lawful immigration status. This report would not include any information that could be used to identify the students.
The Department of Education claimed that the purpose of the regulation modification was to analyze the educational needs of the state as well as the needs of the local community.
These needs included the need for English as a Second Language instructors and tutors, as well as the requirements for transportation and future funding.
David Blatt, who serves as the director of research and strategic impact for Oklahoma Appleseed, a group that advocates for legal reform, stated that the state is able to and does assess those requirements without specifically asking students about their immigration status.
“None of the needs they claim to be concerned about in any way depend on knowing the number of students who are undocumented,” Blatt stated. “If you want to determine how many students need English language services, then figure that out, but it’s not a citizenship question.”
The American Immigration Council believes that asking about immigration status discourages immigrant families from enrolling or sending children to school, making it unlawful even if schools allow undocumented students.
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Millwood Public Schools administrator Cecilia Robinson-Woods hadn’t read the proposed rule but questioned its legality. She warned that asking pupils about their status could stop them from attending school or parents from attending IEP sessions.
Superintendent of Public Instruction Ryan Walters declared in August that school officials will analyze the cost of illegal immigration in their districts. Several district authorities publicly refused to inquire students about their immigrant status.
The agency notified Oklahoma Watch last week that Walters’ Oct. 29 letter to Vice President Kamala Harris seeking roughly $475 million to reimburse Oklahoma for illegal immigration’s burden on schools is the only public record. District guidance is underway, according to department spokesperson Dan Isett.
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When asked about the rule change, Isett stated Walters “is committed to crafting aggressive policies to protect Oklahomans from unfunded mandates.”
The department released the rule modification and others on Tuesday. The department accepts email and in-person comments until Jan. 17. The department at 2500 N. Lincoln Boulevard in Oklahoma City will host a public hearing on Jan. 17 at 10 a.m.
Proposed agency rules need Board of Education and Legislature approval.
